Bill C-3- Amendments to the Canada Labour Code

In December of 2021, Bill C-3 received Royal Assent. This federal Bill includes provisions that amend the Canada Labour Code but the changes are not yet in force. The federal government recently announced that the changes will come into force no later than December 1st, 2022. The amendments provide employees in federally regulated organizations with a longer paid medical leave and bereavement leave in certain circumstances. With these changes coming into force in the next few months, federally regulated employers will need to update their policies and practices to ensure compliance with the Canada Labour Code.

Medical Leave

Bill C-3 amends the Canada Labour Code to provide employees with up to 10 days of paid medical leave, depending on the length of their employment with the organization. If an employee has worked for at least 30 continuous days for the employer, they will be entitled to a minimum of 3 paid days. If an employee has worked at least 6 continuous days for the employer, then they will be able to earn 1 day of paid medical leave per month each year to a maximum of 10 days. If the employee has accumulated unused medical days, they may be carried over to the next year but the total paid medical days will still not exceed 10 days.

Employees will be able to use the leave in one (1) or more periods as long as each period is not less than one (1) day. If a leave is five (5) days or longer the Employer may require that the Employee provide a medical certificate that verifies their absence. This must be requested within fifteen (15) days after the leave is taken.

This doesn’t limit the possibility for an employee to take a medical leave of absence without pay if they require longer than the accrued days they have earned. The Personal Leave section of the Canada Labour Code will remain in effect and may be used for employees needing to treat a medical issue as well.

Bereavement Leave

The changes to the Canada Labour Code also include an increase in bereavement leave under two specific circumstances. Once Bill C-3 comes into force, if a child of an employee, or a child of the employee’s spouse or common-law partner passes away, the employee will be entitled to eight (8) weeks of bereavement leave. If an employee experiences a still birth of a child who they would have been a parent to under the definition in the Canada Labour Code, then the employer must grant a bereavement leave of eight (8) weeks to the employee.

The provisions outlining how many days of the leave would be paid remain the same under the Code, but the total length is extended for these circumstances.

As an employer, it is your obligation to stay informed when changes to legislation that affect your workplace occur and ensure your employees are provided what they are entitled to. If you would like assistance updating your policies, please reach out to our firm at 705-268-6492 and our team of lawyers would be glad to assist you.